From Nuremberg to Kenya: Compiling the Evidence for International Prosecutions Criminal

The Prosecutor of the International Criminal Court has encountered significant difficulty in conducting investigations. Faced with violence on the ground, witnesses who fear repercussions, and limitations on resources, the Prosecutor has turned to relying on secondary forms of evidence, such as the reports of NGOs and other third-party information providers.

This Note argues that the Prosecutor’s use of such evidence is problematic because it fails to adequately follow the evidentiary rules of the Court and, subsequently, to protect the rights of witnesses and defendants. Moreover, the Office of the Prosecutor’s dependence on third-party evidence has stunted the Prosecutor’s ability to carry out her mandate and achieve justice for victims. The solution is to add an article to the Rome Statute that includes several procedural requirements governing the use of third-party evidence. This structural addition will properly strike the balance between the Prosecutor’s need to rely on third- party evidence and defendants’ rights.